Kara Byrnes, of the Jacksonville office, obtained a voluntary dismissal in a first party property case after filing a Motion for Summary Judgment. The only issue in the case was a price and scope dispute following wind damage to the insured’s home. The insurer demanded appraisal post-suit, and the judge required appraisal proceed mid-suit based on the insurance contract requiring appraisal proceed upon the demand of either party at any time. Appraisal proceeded, an award was given, and the carrier paid Plaintiff mid-suit.

Thereafter, Plaintiff’s counsel moved to seek entitlement to attorney’s fees and costs for the amount of loss being set mid-suit. Kara filed a Motion for Summary arguing that the policy advised attorney’s fees and costs would not be awarded for participation in the appraisal process. Kara’s MSJ discussed that only the actions of the Plaintiff were the catalyst to the lawsuit and that no action by the insured necessitated the filing of the lawsuit. Evidence was presented that the insurer reached out to Plaintiff nearly a dozen times to resolve the price and scope differences, prior to Plaintiff filing a lawsuit. Kara argued that the lawsuit was simply filed to generate attorney’s fees and costs, as Plaintiff made no attempt to resolve the price and scope dispute with the insurance company pre-suit. Further, the argument was made that such actions violated the insurance policy’s requirement that Plaintiff assist in making settlement upon request of the insurer. When Kara moved to have the motion set for hearing, she received a dismissal instead.